Rinki Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6994 of 2017 Arising Out of PS.Case No. -264 Year- 2016 Thana -BIHIYA District- BHOJPUR ====================================================== Rinki Kumari, D/o Girish Chandra Upadhyay, resident of Sundarpur, Barja, P.S.-Bihiya, District-Bhojpur, at Present Teacher, Prathmik Vidyalaya, Sundarpur Bajra, Bihiya, District-Bhojpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sada and Roy, Advocate For the Opposite Party : Mr. Sri Umeshnand Pandit(APP-187) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends her arrest in connection with Bihiya P.S. Case No. 264 of 2016, registered for the offences punishable under Sections 420, 409, 467, 468, 471, 120(B) of the Indian Penal Code.

Allegedly, the petitioner submitted a forged experience certificate at the time of seeking employment as Panchayat Teacher, and accordingly she was given weightage of 20 marks at the time of selection and the petitioner also drew salary after her appointment.

Submission is of false implication and that no occurrence as alleged has ever taken place. In the year 2012, services of the petitioner has been terminated vide order dated 14.09.2012 then the petitioner requested for verification of her experience certificate and the District Programme Officer vide his

Patna High Court Cr.Misc. No.6994 of 2017 (2) dt.23-02-2017 2/2 letter no. 1481 dated 23.03.2015 informed the Block Education Officer that the certificate of the petitioner was genuine. After reverification of her certificate, the petitioner has been reinstated and she has also been paid salary for her work. Thus, experience certificate of the petitioner has been found to be genuine after verification. F.I.R. in this case has been registered after much delay of eight years and there is no reason for undue delay, the petitioner is a lady and she deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that the petitioner has been reinstated after finding his experience certificate as genuine, and as such, the petitioner in the event of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V, Bhojpur at Ara, in connection with Bihiya P.S. Case No. 264 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T